Sushila Bisht vs National Institute Of Open Schooling

Manoj Kumar Tiwari, J

Petitioner passed Secondary School Examination (10th standard) from Central Board of Secondary Education, in the year 2014. Subsequently, she passed Senior Secondary Examination (12th standard) from National Institute of Open Schooling (NIOS) in the year 2019.

According to the petitioner, although, name of her parents was correctly recorded by C.B.S.E. in the certificate issued for Secondary School Examination, however, in the certificate issued by National Institute of Open Schooling, in respect of Senior Secondary Examination, 2018, name of petitioner's mother and father have been wrongly recorded.

According to the petitioner, her father's name is Diwan Singh, which has been wrongly mentioned as Diwan Singh Bisht, in the certificate issued by National Institute of Open Schooling. Similarly, according to petitioner, her mother's name is Leela Devi, which has been wrongly mentioned as Munni Bisht.

Learned counsel appearing for the respondent submits that although the mistake, if any, in the name of parents of the petitioner in the certificate issued by National Institute of Open Schooling, cannot be attributed to NIOS and there must be some mistake on the part of the petitioner while filling the examination form. He, however, very fairly submits that now field is covered by a judgment rendered by Hon'ble Supreme Court in Civil Appeal No. 3905 of 2011 (Jigya Yadav v. C.B.S.E. & others) and other connected Appeals. Thus, according to him, if petitioner makes a representation to the Competent Authority in National Institute of Open Schooling for correction of name of her parents, then the Competent Authority shall consider petitioner's request and take appropriate decision, in accordance with law.

Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority in National Institute of Open Schooling, within ten days from today. If such representation is made by the petitioner, the Competent Authority in National Institute of Open Schooling shall look into the matter and pass appropriate order, in accordance with law, as early as possible, but, not later than ten weeks from the date of production of certified copy of this order along with copy of the representation.